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Mohammad School – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Mohd. Aslam, J.
1. Heard learned counsel for the accused-appellant, learned A.G.A. for the State and perused the record.
2. The instant appeal has been filed by accused-appellant under Section 374(2) of Cr.P.C. against the impugned judgement of conviction and order of sentence dated 29.4.2013 passed by Additional Sessions Judge (ECP), Siddharth Nagar in Special Case No.9 of 2011 (State Vs. Mohd. School), arising out of Case Crime No.11 of 2011, under Section 8/20 of NDPS Act, Police Station- Shohratgarh, District Siddharth Nagar, by which the accused-appellant was convicted under Section 20(b)(ii)(C) of NDPS Act, 1985 and was sentenced to undergo rigorous imprisonment for a period of 10 years with a fine of Rs.1,00,000/-, in default thereof, to further undergo imprisonment for two years.
3. The brief facts of the prosecution case are that PW-1 S.I. Dinesh Kumar Yadav, In-charge SOG along with his companion police personnels was busy in patrolling duty near Nepal border for taking care of the area and for preventing of smuggling by a Government Specio Jeep No.UP55-G-0030 and on the way he took along with him S.I. Ram Samujh Prabhakar and Ct. Shriram Sharma from the police boo
The recovery of contraband from the accused-appellant was proved by the testimonies of reliable and trustworthy police witnesses, and the non-compliance with Section 50 of NDPS Act and the non-joinde....
Non-compliance with the procedure for drawing up the sample of the narcotic, lack of compliance with the prescribed procedure under the NDPS Act, 1985 at all the stages, and the case being based on t....
The absence of independent witnesses does not invalidate the prosecution's case if police testimonies are credible, and Section 50 of the NDPS Act is not applicable when recovery is from a bag.
The High Court affirmed that, in chance recovery cases, compliance with Section 42 of the NDPS Act is not mandatory, reinforcing the credibility of police testimony despite the absence of independent....
Mandatory compliance with procedural safeguards in narcotics investigations is essential to establish the legality of evidence and support prosecution claims.
Testimony of police officials can be sufficient for conviction in drug cases, even without independent witnesses, as long as found reliable and trustworthy.
Stringent punishment has been provided for offences punishable under NDPS Act.
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